North Carolina Transportation of Children in the Back of a Pickup Truck Law

(G.S. 20-135.2B)

Basic Requirements:

Children less than age 16 are prohibited from riding in open beds of pickup trucks or other open cargo area without permanent overhead restraining construction.

Note: What constitutes a permanent overhead restraining construction has never been defined by the NC Legislature or by the courts. The generally accepted interpretation is that this is a structure welded or bolted to the vehicle. A camper shell held on with clamps would probably not be considered “permanent.”

Exemptions:

Children less than age 16 are allowed to ride in the open bed of a pickup truck or other open cargo area in the following situations. Note that while these options are technically legal, they are not recommended.

If an adult is present in bed or cargo area and is supervising the child.

If the child is secured or restrained by seat belt in compliance with FMVSS 208 installed to support load of 5,000 lbs. for each belt and of a type approved by the Commissioner.

If an emergency situation exists

If the vehicle is being operated in a parade.

If the vehicle is being operated in an agricultural enterprise, including providing transportation to and from the principal place of the agricultural enterprise.

Responsibility/Penalties:

The driver is responsible for all children less than age 16 and would receive the ticket regardless of whether the child’s parent is present.